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Supreme Court of India 2020-02-20 allowed

SHRI PARTAP SINGH (DEAD) THROUGH LRS. & ORS vs SHIV RAM (DEAD) THROUGH LRS

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

The Supreme Court reversed the High Court's decision in a property dispute involving an erstwhile ruler's land. The plaintiff claimed the defendant was appointed as a manager of his estate, while the defendant asserted he was a tenant. The High Court had allowed the defendant's appeal based on oral evidence from witnesses. The Supreme Court held that the statutory presumption of truth attached to revenue records (Jamabandi and Khasra Girdawari) cannot be rebutted by oral evidence alone. Only fraudulent, surreptitious, or procedurally irregular entries can rebut such presumption. Since the defendant failed to produce reliable documentary evidence to establish a tenancy relationship, the Court restored the First Appellate Court's judgment in the plaintiff's favor."

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Property Law Landlord and Tenant Evidence Land Revenue Revenue Records Statutory Presumption Burden of Proof Civil Procedure

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